HomeMy WebLinkAbout12/21/94TAPE #1254
UNAPPROVED DRAFT
COUNCIL
APPROVED
JAN 11 1995
CITY COUNCIL MEETING MINUTES
DECEMBER 21, 1994
#0052
#0110
The regular meeting of the City Council of the City of Bremerton
was called to order in the City Council Chambers, 239 4th Street,
Bremerton, Washington, Wednesday, December 21, 1994, at 5:30 P.M.,
with Council President Sherril Huff-Menees presiding. Council
members present were Morrie Dawkins, John Law, David Farr, Carlos
Montgomery, Bob Winters, Lon Overson, and Richard Neville.
Councilman A1 Colvin was absent. Also present were City Attorney
Ian Sievers and City Clerk Kathleen McCluskey.
The' meeting opened with the Pledge of Allegiance' led by Council
President Huff-Menees and Invocation given by Reverend Talmage
Wilson of Charleston Baptist Church.
President Huff-Menees announced Item 7A - Bid Award Recommendation
- Chlorine Products is to be moved under the Consent Agenda as 2A.
CONSENT AGENDA
A. Bid Award Recommendation: Chlorine Products for 1995 #AB94-263
And Awarded to Jones Chemical
M/S/C/U(Dawkins/Neville)
presented.
to approve the Consent Agenda as
CLAIMS/CHECK REGISTERS
Vouchers audited and certified by the auditing officer as required
by RCW 42.24.080, and those expense reimbursement claims certified
as required by RCW 42.24.090, have been recorded on a listing that
had been made available to the Council.
M/S/C/U(Overson/Neville) on December 21, 1994, the Council does
approve for payment those vouchers included and further described
as follows: 180685 through' 180930 in the total amount of
$421,395.43; and Regular Payroll for the period ending December 15,
1994, in the amount of $729,360.56.
COUNCIL MEMBER REPORTS
Mr. Overson wished everyone a Merry Christmas.
Mr. Neville wished everyone a safe and happy holiday.
Mr. Farr stated it is nice to have a new supermarket in his
neighborhood again (Safeway/Callow Avenue). It pleased him that
something as big and new as the new Safeway Store was located in
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Bremerton rather than Silverdale. He is hopeful that with the
opening of the new Safeway store it will stimulate more revival in
the Callow area and for selfish reasons he wished there was a
hardware store located in West Bremerton.
Mr. Law wished everyone a Merry Christmas and a safe weekend.
Mr. Montgomery echoed Mr. Farr's comments on the new Safeway Store
and the need for a hardware store in West Bremerton. He cautioned
everyone to please don't drink and drive.
Mr. Dawkins asked everyone to drive carefully when visiting family
and friends.
Mr. Winters wished everyone a Merry Christmas and hoped for a safe
and happy holiday. He too cautioned about drinking and driving.
Many people have commented to him about gang activities taking
place. He hopes and prays that the people of Bremerton and Kitsap
County get together as neighbors and communicate to one another
because it is sad type things that happen around gang activity. He
believes the new Police Chief will do the best he can and that
Mayor Horton will be addressing gang issues. He hoped Henry Mincey
of Safe Streets could participate at his District #9 Neighborhood
meeting on December 26. He extended his condolences to the
families that were affected by the recent gang related shooting.
He apologized for being absent the previous Council meeting,
however, he had a backed up septic system problem and very much
wished that he was hooked up to the City's sewage system.
Mrs. Huff-Menees wished everyone a Merry Christmas, especially the
City Administration and staff, and all the employees of the City
for the fine work they do, and to the citizens. She also wanted to
congratulate Safeway on their new store at llth and Callow Avenue.
She is also thrilled that the new Post Office, located on National
Avenue, has opened.
MAYOR'S REPORT
Mayor Lynn Horton stated in response to the gang related shooting
that took place last week, she did attend the funeral service on
Tuesday and she estimated approximately 200 people attend that
service. She did speak to the Police Chief, following the
shooting, and he placed extra personnel on standby notice for the
funeral service as a precaution for any type of retaliation
activity. She was relieved that there was no show of retaliation
at the time of the funeral service or later into the evening. On
Friday evening, December 16, a dance was held at Olympic College
and the City was concerned about a possible disturbance at that
event, however, the Police Chief had a number of patrol officers on
alert for happenings there. There was an altercation at that
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event, however, she did not believe it was gang related and just an
altercation between two young people. She assured the public that
issues of gang violence or disturbances within the community are
being taken very seriously and the City is on guard and alert to
that kind of activity. From her information, the gang members that
were associated with the most recent shooting have "ducked out of
sight" and maybe that is why things are calm at this time. So far,
she is pleased with the new Police Chief's performance and that he
was present, unannounced, at the 6:00 AM roll call today and the
Saturday roll call. She believes that everyone on the Police force
is capable of rising up to the expectation levels the new Police
Chief is establishing.
Two weeks ago she vacationed in New York City and found it amazing
how cleaned up that City had become in a relatively short time
span. There was no graffiti on the subways and very little on
buildings. She also found that whatever neighborhood you went in
there was a Police Precinct located in small businesses. If the
City gets to the point where the West Precinct office is closed,
she would like to pursue establishing small Police precincts in
local businesses. She wants more police presence in neighborhoods
and that is something she'll be working on in the future. Lastly,
she wished everyone a Merry Christmas.
PUBLIC RECOGNITION
John Thomas complimented the City for their fast response to a
"pothole" complaint he made today about a large hole in the street
on Almira Drive. He was amazed that the hole was patched within
three hours after calling in to the "Pothole Hotline".
Gordy Byrd gave a brief description of the kinds of things he has
done to help people in need within the community using his Byrd's
Nest Fund. Lastly, he wished everyone a Merry Christmas and Happy
New Year.
Don Larson, President of Washington Scuba Alliance, reported the
marine life interpretative sign has been installed at Lions Field.
Aqua Lift, located in Puyallup, donated approximately $400 in
services toward plastic lumber supports to hold the sign at Lions
Field and Key Bank Washington Waters Fund contributed about $600.00
toward the cost of the plastic lumber. He suggested the public
write a letter of thanks to Agua Lift for their contributions (P.O.
Box 937, Puyallup, WA 98371); and to Key Bank Water's Fund (David
Parent, Key Bank, MS-WA 31031080, P.O. Box 11500, Tacoma, WA 98411.
7B - PROFESSIONAL SERVICES CONTRACT FORRETAINED COI;NSEL, #AB94-264
The City is involved in three lawsuits for which it will require
retained counsel:
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Charlesmn Bea~Assoc~do~ et aL ~ Ci~ ~ BremeHo~ a aL, Kitsap County
Superior Court Cause No. 94 2 02586 6;
The ~ofBremeHon~ Ha~orlmumnceCompa~,etaL, Kitsap County Superior
Court Cause No. 94 2 02161 5; and
The ~ofBreme~onv. CH2MHillNo~hwes~ ~c, etaL, Kitsap County Superior
Court Cause No. 94 2 02364 2.
It is recommended that the firm of Foster, Pepper & Shefelman has
the depth of resources and experience needed to continue legal
representation of the City.
Ian' 8layers, City Attorney, explained the Foster, Pepper and
Shefelman contract expires on December 31, 1994. This firm has
represented the City since June of 1992 on the suits and claims
related to the sewer treatment plant. They were originally hired
due to the size of that suit in terms of potential liability and
work load. Since that time, there have been three amendments to
the contract, with the most recent being in February, which
included within its scope of work the underlying claims in these
suits that were filed within the last couple of months. He
explained that the Charleston Beach suit are additional claims
filed against the City, which are identical in their allegations.
The City v. Harbor Insurance Company is the City's action against
five past insurance carriers having to do with recovery of the
City's settlement payment and-attorneys' fees. The City v. CH2M
Hill case is a contribution suit against the plant designer,
operator and sludge process operator at the sewer treatment plant,
again to recover the City's settlement payment and attorneys' fees.
To date, the firm has billed the City approximately $390,000 and
the proposed contract would cover calendar year 1995 only, with the
predominate amount of fees attributed to the Insurance suit because
this where the City can reasonably expect to get some results
within the year with a concerted effort because the companies have
agreed to mediation, which will take place in February of 1995.
Public comment - none.
Mr. Law stated he believed this answers the question that many
residents have had as to whether or not the City was pursuing
insurance companies and companies that were involved in the design
and running of the sewer treatment plant.
M/S/C/U(Montgomery/Overson) that the City Council approve the
Professional Services Contract with Foster, Pepper & Shefelman to
continue legal representation of the City.
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7C -RESOLUTION NO. 2491 FOR DEVELOPERS REIMBURSEMENTAGREEMENTFOR
8EWER UPGRADE: WESTINGHOUSE PROJECT, #AB94-265
The City of Bremerton has been asked to provide upgraded sewer
service to a site outside City limits. The site is being developed
to host a defense sub-contracting division of Westinghouse. The
delivery of sewer services meets City ordinance No. 15.02.040
(annexation and comprehensive plan criteria). Because of the
economic importance of the Westinghouse project to the community
and because upgraded sewer service is necessary to serve other
industrial lands planned for the area (Kitsap County Comprehensive
Plan), the City proposes to finance one-half of the design and
construction costs up to a maximum design and construction cost of
$160,000 (any amount over $160,000 will not be shared by the City).
Council approval of a budget amendment for $80,000 is necessary to
allow the Mayor to administratively approve the sewer extension
agreement. Council approval of the use of the Developer's
Engineering Services and reimbursement is also required.
Don Pratt, Director of Community Development, stated the City has
been asked to participating in funding the upgrade of sewer service
along Werner Road to a project that is currently outside the City
Limits, but which lies within the City's sewer/water service area.
On the basis of the fact that the project represents a good
investment for the Utility ratepayers of the City in that there is
a substantial amount of capital investment that will be paid
through hook up fees, and on the basis of the fact that the project
is a good project for all of Kitsap County and the economic
environment, the Mayor is proposing this action before Council.
Mr. Pratt provided a view graph showing the location of the project
to be at the corner of Werner Road and Ida Avenue (the northwest
quadrant). There is need to for a sewer upgrade and currently
there is sewer service to a site across the street, but is not
adequate to provide service for a light industrial site. A new
sewer line is proposed to be developed all along Werner Avenue,
with a tie in to existing adequate lines at Union and Werner Road.
The project cost is estimated to be somewhere in the neighborhood
of $140-160,000 and the proposed Resolution outlines the City's
share of up to $80,000 of those expenses. The City's Utility
Ordinance allows the City to deliver utility services outside City
Limits on two conditions: (1) that the project is in conformance
with the Comprehensive Plan, which it does; (2) that the owner of
the property agree to annexation in the future, and that agreement
has been given. There are some economic impacts that were included
in the documentation provided and a community wide project was
undertaken to locate the Westinghouse installation on the subject
site. He asked that the following corrections be made to the
Resolution: "A Resolution regarding "upgrade" not "development" of
City sewer outside City limits .... ". And, under the firstWHEREAS,
it should read:" ............. economic opportunities to citizens of
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Bremerton and by financially participating in the funding of public
services; and".
The second WHEREAS should read: "the proposal to locate the
Westinghouse project along the Werner road corridor represents
economic benefits of value to citizens of Bremerton.
The third WHEREAS should read: "the area is planned to host future
development which would reimburse the capital investment through
future hook ups along the Werner Road corridor".
On that basis, the Mayor is recommending approval of this proposal
allowing the City Attorney to purchase plans that have been drawn
up by the developer and allowing the Mayor to sign an agreement
wherein the City will commit up to $80,000 for construction of the
sewer line.
Andy Parv~a emphasized Bremerton must get more business friendly
and continue actions as those being proposed or Bremerton will
never dig itself out of the hole we are in. He strongly
recommended that Council approve this proposal as presented.
Ted Blakey stated he resides on Werner Road and was not notified
about this proposal. He attended this Council meeting to hear the
issue of annexation of the Monroe area and had no idea this issue
was coming before Council. He and a number of his neighbors are
totally against putting a sewer line down Werner Road. There is a
12 inch water main that goes down Werner Road and when that was
constructed it required laying six inches of blacktop on the road
to bring the road up so it is level. He was concerned about the
trees being cut down at the top of the hill and the impact of
additional water running down Werner Road.
Roy McInnis stated he supports this proposal, however, he is
concerned about an area along Kean Street in that over the past 12-
15 years there have been complaints concerning the sewer problems.
Six or eight years ago promises were made that some sewer
improvements would be made in the area of the moving and storage
company, however, nothing was done to address the problem. He did
not know the solution to the problem, but felt it could be
corrected and should be from a safety concern.
Gordy Byrd noted during a recent rain stormhe observed flooding of
the street near the moving and storage company on Kean Street.
Mr. McInnis stated for clarification he was not just addressing
stormwater overflowing, but sewage overflow problems.
President Huff-Menees reminded members of the public that the issue
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before Council has to do with the engineering services and approval
of the reimbursement agreement on this issue.
John Thomas stated he is not anti-growth, but questioned why should
we subsidize with taxpayers money a private contractor developing
a piece of property when the City can't find funds for additional
fire and police personnel. He referenced the City's'action to
annex more area into the City and questioned what will the City do
if those people ask that they get the same kind of treatment for
their sewer needs.
Bill Sohourup, owner and developer of the project, stated it has
taken i 1/2 years to put together the Westinghouse project and it
was'not apparent to him that there are any Stormwater problems in
the project area. He built the moving and storage buildings that
were previously mentioned and that area is deficient in utilities,
yet one of the few areas where there can be industrial activity
developed within the City. The previous speaker talked as if the
City was helping the developer and he sees this project as the City
not helping him from the standpoint that there are existing sewers
and he holds a letter from Bill Duffy, former Utilities Director,
for availability of sewers. But, Westinghouse has said "lets help
the community if we can", so this sewer line is a contribution of
$50-60,000 to the City over and above what it would cost him to tie
into the existing facilities. He feels his project and the
expansion of the sewer line will help that area develop. There
have been land owners in the area, who did not want to part with
their land and as they have passed away, we have seen development
happen. Now, a major parcel is changing ownership, which he feels
is a good time to start putting services to the area to capitalize
on future opportunities.
Earl Smith, President of the Economic Development Council, stated'
he worked on this project from the very beginning with Mayor
Horton, Don Pratt and Bill Schourup. He feels the decision to
change the Comprehensive Plan to allow Westinghouse the opportunity
to be located in that area is a very wise decisions because it
allows the EDC to do the things they want to do, such as job
diversification, and allowing jobs in Kitsap County. This will
benefit the WHOLE County. He quoted some figures such as $2.6
million in capital improvements which will bring revenue to the
City; $3.5 million in payroll for the people who are going to be
working there; the motels project 500 nights at local motels in the
first year, and 200 nights for every year after that; and 20-25
local hires in high paying jobs. This will also attract additional
economic development on Werner Road. He feels this is a real boom
to the community and applauds the Council for what they have done
so far.
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Mr. Chu wanted to make some corrections to some of the facts and
issues stated previously. This project site is going to be located
in the County, on County roads, so the City is not going to have
jurisdiction over the conditions of the roadway. The funding of
the project will come from Utility funds, not from tax dollars.
Regarding the flooding issue in that area, the flooding that
occurred at the bottom of the hill does not have a combined system
that goes into the State highway drainage ditch, so extending this
sewer line will not impact this at all as far as the capacity is
concerned. There is no sewer overflow condition projected.
Mr. McGinnis stated he is not an engineer, but is in that area all
the time, and knows what he sees and smells. He also clarified
that he is NOT against this project, and does feel it is a GOOD
thing, but just wanted to caution the City about the overflow
problem that does exist now, and it is not just stormwater.
Mayor Hotton stated that what Mr. McGinnis is referring to is
combined sewer overflow, which means that the pipes hold both
stormwater and sewage, and the problems occur when we get heavy
rain. Council has already approved residential stormwater rates,
and will be addressing commercial stormwater rates later this
evening. These funds will help throughout the whole City to
eliminate those combined sewer overflows. The City is mandated by
federal law to reduce those occurrences to only i per year. This
issue needs to be addressed and will be addressed, but feels it is
separate from the issue being discussed now. She believes if we
change our community and become more pro-business, then we will
become the kind of community businesses want to locate in, and we
will more rapidly recoup those up front dollars, and additionally
maximize the sewer treatment plant in a more effective manner.
Mr. Dawkins asked Mr. Pratt if this project fits into the Growth
Management Act the way the State envisioned it? Mr. Pratt stated
yes. This is one of the areas that both the City and County agreed
is transitioning to become a light-industrial corridor. Also,
where there are both commercial and industrial facilities, the
Growth Management Act requires the City to deliver urban services
in the form of sewer, water, roads, etc.. Mr. Farr asked Mr. Pratt
to give a rundown on what the impact would be on that area becoming
part of the City. Mr. Pratt stated that the Bremerton Municipal
Code allows the City to deliver sewer, water, and stormwater
services outside the City limits on three conditions: 1) the land
use follows the Comprehensive Plan and is roughly used for what we
think the land should be used for; 2) the owner of the property
signs a power of attorney on behalf of the property that says the
City can commence annexation of that property; 3) the City charge
a premium for ratepayers outside the City that will use the Utility
service to cover over-head costs that most City residents pay in
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other ways. Mr. Farr stated he supports this proposal, and agrees
that the amount of money the City must pay up front doesn't look
attractive, but he doesn't see how the City can lose in the long
Mr. Law asked about the hook-up fee for future residents, and the
City receiving 50% of it, and how long that stays in effect?
Chu stated the period for recovering hook-up fees from the
developer is 10 years, but no time-limit on other residents.
Mr. Overson said this appears to be an investment by the City, and
was in agreement with Mr. Earl Smith's comments that this will
benefit the City.
M/S/C/U(Overson/Farr) to approve Resolution No. 2491, regarding use
of the Developer's Engineering Services, and approval of the
reimbursement agreement.
7D - DAM PLAN; EMERGENCY ACTION & INUNDATION ANALYSIS, #AB94-266
Dams such as the City-owned Casad Dam are regulated by the
Department of Ecology in accordance with RCW 43.21.130. Ecology's
directive is to reasonably secure safety to life and property by
assuring that dams are properly designed, constructed, operated,
and maintained. Ecology's analysis concluded that the Dam was
well-constructed and maintained. The Dam handles stresses very
well and has adequate strength under normal, flood, and earthquake
conditions.
To fully meet State dam safety requirements, the City is required
to submit two reports:
INUNDATION ANALYSIS
- This study assesses downstream hazard in
the unlikely event of a failure.
EMERGENCY ACTION PLAN
- This is a formal plan that identifies
potential emergency conditions at the
Dam, prescribes procedures to minimize
damage, and provides a timely
notification and evacuation plan.
The Army Corps of Engineers, a federal agency expert on dams, has
agreed to perform these studies for the City, and has agreed to
fund 50% of the project. The total cost is $49,500 with the City
and the Corps each contributing $24,750.
Kathleen Caha11, Water Resources Manager, stated the City built the
dam 40 years ago for water supplies and the dam has been inspected
several times over the years, and always gotten a "clean bill of
health". New dam safety regulations were passed by the State a few
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years ago and do require some reports. One of them, an Operations
& Maintenance Manual was developed in-house by City staff.
However, their department has budgeted to have the other two
reports completed by a consulting firm due to the issues being out
of their area of expertise. The Army Corps of Engineers are the
dam experts and they do these types of reports quite often as well
as having a program to fund 50% of the studies.
Mr. Overson complimented Ms. Cahall on finding such a program, but
wanted to clarify why the letter Council had as part of the Agenda
Bill had "DRAFT" written on it. Ms. Cahall explained she just
received the original in the mail today, and that it is the same
with no additional changes. Mr. Farr asked if there was a City
staff person who should get credit for getting the Army Corps of
Engineers involved, or did they just volunteer on their own?
Caball wanted to thank Dan Eisses of the Engineering Department
because his brother, who works for the Army Corps of Engineers,
passed along that information. Tim Richards has also previously
worked with the Corps. Mr. Farr thanked them and Ms. Cahall for
saving the taxpayers money. Mr. Dawkins believes that Ms. Cahall
is being a little reserved in taking credit for her part because
she has been known to go out like a "tiger" when she wants to get
money and talks to the right people. He congratulated her for
doing a good job. He also passed on the fact that Casad Dam was
named after Cliff Casad, who was the Public Works Commissioner for
the City of Bremerton, and that he and former Mayor Glen Jarstad
deserve a lot of credit for this monumental program and for
preserving these beautiful lands for many years to come.
M/S/C/U(Dawkins/Winters) to approve the attached letter of
agreement with the Army Corps of Engineers to provide 50% funding
for this project and authorize and direct the Mayor to execute the
same subject to City Administrative Policies and Procedures.
8A - ORDINANCE NO. 4496 (SECOND READING) UTILITY RATE ADJUSTMENTS
FOR COMMERCIAL STORMWATER ACCOUNTS, #AB94-261
Mr. Chu stated this is a second reading of an ordinance heard at
last weeks City Council meeting. At the first reading, Council
made an exception to the original submittal and that change has
been made not to exclude school districts.
Walt DraDer, representative for the Bremerton School District,
asked Council to reconsider the decision made last week to remove
the exemption that had been given public schools for stormwater
fees. The School District has 798 impervious surface units, which
will amount to slightly over $38,000 per year under the proposed
rate. Even with some of the installations at some of the sites to
mitigate those fees, the School District is still looking at
$15,000 - $20,000 per year. He wanted to remind the Council that
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the local school levy expires in 11 days and the only funds they
will receive will come from the State. He doubted the State is
going to give the School District $20,000 to help defray the costs
of these fees, therefore, the costs will have to come out of basic
education. School districts are exempted from stormwater rates in
Kitsap County and King County. He asked Council to please
reconsider their decision and give the kids a break.
Betty 8oriano stated she owns a parking lot downtown, and requested
that Council not exempt the School district from paying their
share. She felt it would not reflect on the students, it would
reflect on their duties to pay their fees.
Mr.'Overson was also concerned about the removal of the exemption
for the schools on the basis that education already has a large
enough challenge financially, and this would levy a further burden.
However, the State is the organization that placed the mandates on
the City. If this passes as proposed, it is suggested that the
schools go to the State and request that they fund the cost. There
is a problem though with the City being inconsistent with the rest
of the Puget Sound area, and the City would be going in the wrong
direction.
M/S/C(Overson/Dawkins) to pass the stormwater rates, with the
exemption for the schools that was previously removed.
Mr. Farr stated he felt that last week's reasoning was valid for
several reasons: (1) it doesn't provide for an exemption of other
organizations that could be just as much deserving as the schools;
(2) the City doesn't necessarily follow every policy of other
jurisdictions in the Puget Sound area.
Mr. Law stated there were other aspects as well that needed to be
discussed. There is a concern that a commercial account can, in
effect through paperwork, hold up paying $2 per unit instead of $4
per unit, by saying they are going to put in retention systems and
at the end of three years they could decide to not pursue such a
plan. He questioned the impact of a reduced commercial rate on the
City's cost for designing and constructing stormwater facilities
and the capacities required to meet the needs. Mr. Chu stated the
down stream pipeline for stormwater is already in place and is
capable to taking on the increased stormwater. As developments
keep on growing, that pipe will need to be addressed
comprehensively in the entire drainage basin. Each basin will be
looked at independently to identify the potential run off. With
existing development, the City has no knowledge of exactly how much
stormwater run off will be reduced due to the fact that some
developers might choose to pay a higher rate instead of doing on-
site retention. On the other hand, any new development is required
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to provide the quantity andquality restrictions for stormwater run
off. Therefore, the only unknown part will be for the already
existing areas and those businesses will have the option to choose
mitigation or to pay the increased monthly bills. As far as having
the capacity down stream, the City will have to wait until the
retention plans are in place and the City is not obligated to do
anything at this point. The Capital Improvement Plan will dictate
the size of the downstream pipe in the future. If it is cost
effective to put in underground tanks/service retention ponds, the
City will do so .based on the projects that are developed by the
consultant's designing the worst case scenario basis. It is not
like water consumptions or the sewage treatment plant, which can be
calculated on population. Mr. Farr stated he did not understand
Mr. Chu's explanation. Mr. Chu emphasized the City will be using
guesstimate and worst case scenarios to determine capacity needs.
Mr. Law stated what he was waiting for Mr. Chu to say was the City
was operating on guesstimation for part of it because up until now
some members of the public had the opinion that the City has been
paying a consultant that has given a black and white scenario. Mr.
Montgomez7 stated he did not feel Mr. Law's original question was
answered in that the people who have existing problems will be
allowed to pay the reduced rate for two years because they will be
thinking about and designing plans for submittal. After that two
year period, he questioned if such businesses would be exempt from
paying those back charges? Mr. Chustated all businesses are given
two ISU's as credits and have until October 1, 1995, to submit
plans and specifications showing what they wish to do on their
site. If they fail or elect not to provide an on-site solution,
then the credit will be removed as of January 1, 1996. Mr.
Montgomery pointed out that would not provide an adjustment for
1995, and by not taking any action they would be using this process
as an excuse to defer full payment. Mr. Chu re-emphasized
businesses would be eligible for a credit in 1995, he views this
process as a transition of all commercial accounts into the
stormwater program. The City will be giving the businesses a
benefit of doubt to those that say they intend to develop plans for
on-site detention. Mr. Montgomery raised the issue that the
residents of the City were not getting the same treatment as the
commercial accounts in deferring their payment.
TAPE #1255
Mr. Chu stated the City cannot draw the conclusion for the
commercial accounts as to whether or not they choose to provide on-
site treatment. So, in order to be fair, the City needs to give
them the opportunity to take that into consideration and come up
their own decision. Mr. Mont~omer~ stated he agreed with Mr. Chu's
last statement, however, if the businesses do not go forward with
their proposed plans, then they should be required to pay
retroactively.
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Mr. Overson pointed out this requirement commences February 1,
1995, having a direct impact on the businesses and some of them are
having a challenge meeting their present requirements. He agreed
with the concept of ramping up the rate slowly. President Huff-
Menees noted another factor is an immense differential between the
residential accounts and commercial accounts...a $4.00 per month
fee as oppose to thousands of dollars in some cases for commercial
accounts. Mr. Chu noted 50% of the commercial accounts are 5 ISU
or less, therefore the impact is not as great as some would think.
Mr. Farr asked if he understood Mr. Chu's comment that he would not
design future infrastructures based on businesses providing some
capacity when in fact they might turn around at the end of the time
and change their mind and that it didn't make any difference
because the down stream facility was already in place? Also, he
questioned if he understood correctly that all of the existing
large surface commercial areas have access to existing pipelines
and the City doesn't need to factor in whether. or not there will be
any holding capacity provided by those accounts? Mr. Chu stated as
the City exists, we do have miles of collection pipeline in place
even though the majority of them are combined sewers. When the
City designs a separate system, the drainage basin is looked at as
a whole and then based on the estimation of how much impervious
area would exist and what the impact might be, due to the most
recent law, runoff is estimated and by that formula the City would
develop a design based on that criteria to come up with a new pipe
size that goes through the down stream side of the City. When new
development takes place, the City has the knowledge of what the
flow will be because the Code dictates how they should develop and
what kind of retention/detention will be built-in. In existing
development areas, the City is giving them the option to either
provide on-site detention/retention or pay the higher rate.
Mr. Law asked what the process would be if there is disagreement
between the business owner and the City over the amount of
impervious surface area? Mr. Chu stated first the City must make
sure the Code is clear enough in defining the criteria, which he
believes has been done. The City's definition of "Impervious
Surface Unit" means anything except landscaped and grassy areas.
If an area has loose gravel, by the City's definition, it is an
impervious surface. In order to not encourage differences between
calculations, the City is rounding off the measurements and not
carrying out any decimal points. If the City errs, it should be on
the safe side and he doubted there would be a lot of disputes,
however, his technical engineering staff will be prepared to
address those concerns, if they do develop. Mr. Law questioned how
that definition applies to a school that has a grassy playfield?
Mr. Chu stated a grassy playfield would be considered a non-
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impervious surface. Mr. Law questioned the opportunity for appeal
if the business owner is not satisfied with the technical staff's
decision? Mr. Chu currently his department will be mailing out a
letter to all commercial accounts notifying them what they will see
on their bill as of February i and how that figure was calculated
so that they will have as much time as needed to look at their
actual situation. Should they have any disputes over the City's
calculations, they would bring in their calculations to his
department. Ian Sievers, City Attorney, stated the section on
Appeals in Title 15, which covers all the utilities, includes an
Administrative appeal to a Hearings Examiner and designates the
Municipal Court Judge to act as Hearing Examiner on Utility account
disputes. He assumes that would include stormwater billings as
well as water and sewer.
Mr. Overson asked for clarification if the motion is passed as
proposed, does that complete the second reading or do we then have
to redo the second reading? Mr. Sievers stated that would conclude
the second reading. The reason for a public hearing and two
readings separated by a week is to allow public input to their
Council representative to have those comments filter into
additional changes at second reading. The subject of both readings
is the same and changes can be made at either reading. Mr. Overson
stated if the motion were not to pass, then it would require
another motion to complete this action. Mr. Sievers stated Mr.
Overson was correct.
Mr. Novills noted it was stated earlier that Bremerton School
District will have to spend between $15-20,000 per year for this
utility. According to the original motion, he believed there were
certain standards that Mr. Chu would set up for the schools in
teaching our youth about stormwater, and environmental concerns.
He questioned if Mr. Chu had a cost estimate for the impact such a
program would bring to the schools? Mr. Chu explained the school
must show forth their effort on the educational program equivalent
to the rate the City would be charging them. Mr. Draper stated in
their discussions with Mr. Chu, the program they would provide
would not require additional out-of-pocket costs, but would require
modification to the curriculum being used so that in terms of cost
to the District to incorporate more emphasis on stormwater issues
it would be a "wash". Mr. Novills stated he would rather see the
money go into educating our youth because they are the ones making
these decisions tomorrow and passing these regulations that come
down to the City.
Vote on motion:
Motion carried.
In Favor: Dawkins, Winters, Overson, Neville,
Huff-Menees
Opposed: Farr, Law, Montgomery
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9A - PUBLIC HEARING TO REZONE SF-3" TO "GENERAL INDUSTRY";
LOCATION: MONROE STREET ANNEXATION AREA, #AB94-267
The City of Bremerton recently annexed 4.77 acres in the vicinity
north of Werner Road, west of Kean Street, and south of Monroe
Street. At the time of annexation, a default zoning designation of
Single Family Three (SF-3) was applied as this designation most
closely corresponded with the residential zoning designated by the
County.
At the October 4, 1994 Planning Commission hearing, the Commission
recommended that the Industrial General (IG) zoning be applied to
this area upon annexation to achieve consistency with the
Comprehensive Plan.
If approved, the "IG" will allow the area to be developed with
similar uses located in the immediate vicinity of Auto Center Way
area, achieving further consistency with the Comprehensive Plan.
President Huff-Menees asked the "Appearance Of Fairness/Conflict Of
Interest" question with all Council members being seated.
Jack A11ingham, Current Planning, provided a view graph showing the
location of the annexation area, which is a relatively old
neighborhood that was platted into 30 ft. wide lots that are
separated by an alley and looks like a City block. The area, upon
annexation, was designated with a default zoning of Single Family-
3. The City is now looking at bringing this area into conformance
with the Comprehensive Plan, which shows the subject area as an
Industrial/Business Park Comprehensive Plan designation. The
Planning Commission held a public hearing on October 4, 1994, to
determine what would be the most appropriate zoning and their
recommendation is Industrial General (IG) zoning. Their
recommendation is based primarily on the fact that it is consistent
with the Comprehensive Plan, that it is bordered on three sides by
Industrial General zoning and there are significant commercial
developments in the area that is influencing this neighborhood.
Public comment - none.
Mr. Dawkins questioned the Planning Commissions vote on their
recommended zoning designation? Mr. A11ingham stated the Planning
Commission ruled on this issue with a unanimous vote to recommend
the Industrial General zoning designation.
M/S/C/U(Montgomery/Dawkins) to adopt the Planning Commission's
Findings of Fact and Conclusions of Law, and approve ordinance on
first reading amending the Official Zoning Map of the City of
Bremerton for the West Monroe Street Annexation area located north
of Werner Road, west of Kean Street, and south of Monroe Street.
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With no further business meeting adjourned at 7:20 P.M..
KATHLEEN L. McCLUSKEY, City Clerk
SHERRI ~L~nc~ident
City of Bremerton
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